HOUSE Committee on Justice Chair Atty. Gerville “Jinky Bitrics” Luistro of Batangas on Thursday said Vice President Sara Duterte’s absence from the next phase of impeachment proceedings could leave the allegations against her unchallenged and hasten the case’s transmission to the Senate if no counter-evidence is presented.
Luistro said the panel’s finding that the third and fourth impeachment complaints were sufficient in grounds was driven largely by the respondent’s failure to directly answer the allegations.
Luistro said the process is crucial for Duterte because it gives her camp the chance to answer the charges before the case reaches the Plenary and possibly the Senate.
“If they choose not to participate, it implies the information will definitely be transmitted to the Senate because the complainant’s evidence stands unchallenged,” Luistro told Headstart.
“That’s why it’s important for the vice president to avail of this opportunity in the hearing proper to present her evidence. Otherwise, the evidence of the complainant will appear to be unrebutted, hindi na questioned, hindi na countered, ‘di ba?” Luistro said.
“What is important is that we are giving her the opportunity. Whether she attends or not, it will be her choice. It will be her decision,” Luistro said. “Ang importante for the Justice Committee, we afforded her the right to due process.“
Luistro said the proper hearing, which she described as a “mini-trial,” would give both sides the chance to present witnesses and evidence before the panel determines probable cause.
“The purpose of this proper hearing, which I described as a mini-trial is to give opportunity to both parties, the complainant and the respondent, to present their witnesses and to present their evidence so as when we determine the probable cause, the justice members will be guided,” she said.
“This is just a proceeding before the Justice Committee, similar to a preliminary investigation by a fiscal in a criminal case where the participation of lawyers is actually not encouraged. Talagang mas maganda na mag-participate ang ating Vice President for her to be able to present her evidence and her witnesses because this will be considered in the determination by the Justice members of the existence or nonexistence of probable cause. How will she present her evidence if she will not attend and the lawyers are not allowed yet to participate,” Luistro said.
“And if she doesn’t counter, of course, what will happen to the complainant’s evidence? It will be unrebutted,” Luistro said. In this case, there is a possibility of establishing probable cause because these are unrebutted.
